Authors


Oduwole, Jumoke (USA, Nigeria): Nothing Ventured, Nothing Gained? A Case Study if Africa's Participation in WTO Dispute Settlement

Ofodile, Uché (USA): Trade, Aid and Human Rights; China's Africa Policy in Perspective

Oguttu, Annet and Sebo Tladi (South Africa): The Challenges E-commerce Poses to the Determination of a Taxable Presence: The “Permanent Establishment” Concept Analysed From a South African Perspective

Ong, Rebecca (Hong Kong): Is There A Case For Tort of Invasion of Privacy for Hong Kong?

Patterson, Dennis (USA) and Afilalo, Ari (USA): Statecraft, Trade and Strategy: Toward a New Global Order

Platsas, Antonios (UK): The Idea of Legal Convergence and International Economic Law

Prasad, A. (Poland): Balancing intellectual property and privacy of users - the case of Promusicae

Prasad, A. (India) and Agarwala, Aditi (India): Introducing the Vox Populi of the wired world - How ‘Blogs’ are evolving as dynamic web based social networks!

Prasad, A. (India) and Agarwala, Aditi (India): Revisiting the Historical ‘Copy-wrongs’ of ‘Copy-rights’! Are we resurrecting the Licensing era?

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The correct title is Nothing Ventured, Nothing Gained? A Case Study of Africa’s Participation in WTO Dispute Settlement by Jumoke Oduwole, Stanford Law School.

 

 

 

 

Jumoke Oduwole obtained a bachelors degree in law from University of Lagos in 1997. She has an LL.M. in commercial law from Cambridge University, England where she was a Cambridge Commonwealth Trust Scholar, as well as a J.S.M. in international legal studies from Stanford Law School.  In 2004, Jumoke gave up a career in investment banking to teach law in her Alma Mata, University of Lagos.  She is currently on study leave pursing a doctoral degree at Stanford Law School and is a 2008 Fellow with Stanford Center on International Conflict and Negotiation.

 Jumoke is now particularly interested in the impact of developing country negotiation coalitions in negotiating World Trade Organization rules.  She hopes to effect change by teaching other Africans how to tackle complex multilateral trade issues; in order to facilitate changes that she believes will positively impact millions of lives in Sub-Saharan Africa.  She sincerely believes that a major key to Africa’s economic emancipation is not more aid, not more debt relief–but more (fair) trade!  Born and bred in Lagos, Nigeria, Jumoke is married, with two lovely kids, and is an avid photographer.

Abstract
The thrust of this research centers on the inadequate participation of African countries in the World Trade Organization (WTO) dispute settlement mechanism.  Using the US-Upland Cotton dispute initiated by Brazil as a case study, I investigate four leading West African cotton exporters—Benin, Burkina Faso, Chad and Mali—the “Cotton 4” as a case study.  Here, Benin and Chad participated in the dispute as third parties, whereas Burkina Faso and Mali were noticeably absent, despite their joint criticism of the subsidies.  I attempt to ascertain the rationale for African countries’ decisions to participate in disputes or to ‘free ride’ within the international trade arena.  I argue that the incentives or disincentives affecting these decisions stem from either political or resource constraints and suggest that, despite these constraints, African countries must strive to participate more effectively in WTO adjudication.
Trade, Aid and Human Rights; China's Africa Policy in Perspective by Uché Ofodile, University of Arkansas.

 

 

 

 

 

Dr. Uché Ofodile ( LL.B., Dipl., LL.M., LL.M., S.J.D.) is an associate professor at the University of Arkansas School of Law, Fayetteville. She teaches in the areas of international trade law, international business transactions, international human rights law, and intellectual property law. Professor Ofodile has an extensive and impressive record of publications, professional service, and teaching. Professor Ofodile has received numerous awards and fellowships for her work. In 2003, for example, she received a Global Justice Fellowship award from the Carnegie Council on Ethics and International Affairs (CCEIA). Professor Ofodile graduated in the top one percent of her class with a law degree from the University of Nigeria. She went on to obtain a diploma in International and Comparative Human Rights Law from the International Institute of Human Rights in Strasbourg, France. She later earned a Master of Laws (LL.M.) degree in International Business Law from University College London and another Master of Laws (LL.M.) degree from Harvard Law School. In the spring of 2003, she received her doctorate degree (S.J.D.) from Harvard Law School.

Abstract
This paper looks at China’s aggressive hunt for resources in Africa, reviews the criticisms leveled against China regarding its involvement in the continent, examines continuities, changes and the dynamics of China’s Africa policy, and evaluates the prospects of integrating human rights into China’s foreign policy. Given growing trade and investment relationship between China and Africa, what is the role of human rights in China’s Africa policy? Can China integrate human rights into its foreign policy considerations? Drawing on the history of efforts to integrate human rights into the United States’ foreign policy, what are the prospects of and challenges to integrating human rights into China’s Africa policy? Instead of ‘human rights’ might the concept of ‘development’ be a more useful but no less effective paradigm for infusing people oriented values into China’s Africa policy calculations?
The Challenges E-commerce Poses to the Determination of a Taxable Presence: The “Permanent Establishment” Concept Analysed From a South African Perspective by Annet Oguttu and Sebo Tladi, University of South Africa.

 

Annet Wanyana Oguttu holds a doctoral degree in tax law, a Masters degree with specialisation in tax law and an LLB degree. She currently holds the position of a senior lecturer in the College of Law at the University of South Africa, where she lectures income tax law at both undergraduate and post graduate levels.

She has published articles in a number of national and international journals on various topics on South African income tax and International tax law. Her publications cover topics such as: transfer pricing, treaty shopping, double taxation of income and the taxation of electronic commerce. She has also presented papers in these fields in a number of South African and international conferences.

 

Sebo Tladi holds a BIuris degree from Vista University. She also holds LLB and LLM degrees both from the University of Pretoria. She is a Senior Lecturer in the Mercantile Law Department at the University of South Africa. She teaches Company Law and Legal Aspects of e-Commerce. She is also involved in the teaching of Legal Aspects of e-Commerce in the WIPO-UNISA Intellectual Property Development Programme. She is an active researcher in the fields of Electronic Commerce and Consumer Law. Sebo Tladi is also registered for her LLD thesis titled “The Protection of e-Consumers: A re-evaluation of the South African position based on International Trends”

Abstract
When a foreign company sets up a branch in another jurisdiction, the profits arising through the branch’s activities can only be taxed in that jurisdiction if they arise from a source in that jurisdiction. Article 7(1) of the OECD Model Tax Convention clearly points out that a country may not tax the business profits of a non-resident enterprise unless those profits are attributed to a “permanent establishment” located in the source country. A “permanent establishment” is defined as a fixed place of business through which the enterprise is wholly or partly carried on. The “business establishment” concept is however based on the world where there had to be a physical presence of the business in order for its profits to be taxed. The requirement of a fixed place of business faces challenges when trade is conducted electronically as e-commerce makes it difficult to identifying a taxable presence in the source country. This article analyses the challenges that e-commerce poses to the “permanent establishment” concept from a South African perspective and recommendations for the effective application of the concept are provided.
Is There A Case For Tort of Invasion of Privacy for Hong Kong? by Rebecca Ong, City University of Hong Kong.

 

Rebecca Ong is an Assistant Professor at the School of Law, City University of Hong Kong. Prior to joining the academia, she practised as an Advocate & Solicitor. Her research interests include information technology law, intellectual property law and the law of succession. Rebecca has published in a number of journals including International Journal of Law and Information Technology, International Review of Law and Information Technology, International Journal of Intellectual property Management and Journal of Information Technology Law.

Abstract
In this era of advanced and rapid technology, there is no restriction on the type of information which could be transmitted through various devices such as mobile phones, PDAs, and USB drives. However, the fact that there are instances where this free flow and transmission of information had invaded into the privacy of an individual cannot be ignored. The paper will discuss the recent incidents in Hong Kong in this regard. The paper will attempt to argue that although there are laws on the right to privacy in Hong Kong, the relevant legal provisions do not provide for a cause of action of invasion of privacy. It will then conclude by giving reasons as to why it is timely to revisit and modify the law in Hong Kong and that one should be allowed to sue in the tort of invasion of privacy.
Statecraft, Trade and Strategy: Toward a New Global Order by Dennis Patterson and Ari Afilalo. Rutgers University.

 

 

 

Professor Dennis Patterson (  Board of Governors Professor of Law and Philosophy, Co-Director, Institute for Law and Philosophy,Rutgers University)  who holds a Ph.D. in Philosophy and a J.D. from the University of Buffalo, writes in the fields of commercial law, trade law and legal philosophy. Professor Patterson has been awarded Senior Research grants from the Fulbright Commission, Humboldt Stiftung, and the American Council of Learned Societies. He was the 2005 holder of the Fulbright Distinguished Chair in Law at Trento University. The author of numerous books and articles in both commercial law, legal philosophy and international trade, Professor Patterson has been a visiting professor at the universities of Berlin, Vienna, Texas and Georgetown.
   
Abstract
The international institutions that have governed global trade since the end of World War II have lost their effectiveness, and global trade governance is fractured. The need for new institutions is obvious, and yet, few proposals seem to be on offer. The key to understanding the global trading order lies in uncovering the relationship between trade and the State, and how the inner constitution of Statecraft drives the architecture of the global order and requires structural changes as the State traverses successive cycles. The current trade order, focused on the liberalization of trade in goods and services and the management of related issues, is predicated on policies and practices that were the product of a global trading order of the 20th-century modern nation-states. Today, a new form of the State - the post-modern State - is evolving. In this article, the authors propose a new trade norm - the enablement of global economic opportunity - and a new institution - the Trade Council - to overhaul the global trading order.

 

The Idea of Legal Convergence and International Economic Law by Antonios E. Platsas, University of Derby & International Institute for the Sociology of Law, Oñati..

Dr. Antonios E. Platsas, LL.B., LL.M., Ph.D., PG.P.L.T. Candidate, is a Research Associate on Globalisation and Law in the International Institute for the Sociology of Law (Oñati) under the Juan Celaya Grant scheme and Lecturer in International Law and Legal Research (Derby).  Antonios researches in the areas of comparative law, international economic law and the idea of convergence of legal systems.

 

Abstract
The convergence of different legal systems is one of the leading theses in the discipline of law.  This paper proposes that International Economic Law is one of the great sources of inspiration for the coming together of various legal systems around the world.  The paper will explore the European Union experience in this respect and it will analyse a number of legal principles which promote the idea of legal convergence in the sphere of international economic law.  Furthermore, referral will be made to the organisations promoting the convergence of legal systems such as the International Monetary Fund (IMF), the World Bank Group (WB) and the World Trade Organization (WTO).
Balancing intellectual property and privacy of users - the case of Promusicae by Paul Przemyslaw Polanski, University of Warsaw.

Paul Przemyslaw Polanski obtained his PhD from the Faculty of Law and the Faculty of Science of the University of Melbourne, Australia. He also holds a degree in Law from the University of Adam Mickiewicz in Poland and an IT degree from the Monash University in Australia. He also holds teaching posts in the Department of European Law at the University of Warsaw and in the Department of Information Technology at Leon Kozminski Academy of Entrepreneurship and Management in Warsaw, Poland.

Abstract
On 29th January 2008 the Grand Chamber of the ECJ issued one of the most awaited judgments in the case of Productores de Música de España (Promusicae) v Telefónica de España SAU. Telefónica is the Spanish Internet Service Provider who refused to disclose to Promusicae personal data of its users who shared files through Kazaa peer-to-peer network.  The ECJ's ruling clearly shows how difficult it is to adjudicate cases, where both parties rely on conflicting legal principles, namely the high protection of intellectual property and extensive protection of personal data. It is to be regretted that the final verdict does not bring much clarity to the tension between the rightholders, Internet access providers and the users of file-sharing programs as it permits Member States to adopt diverging legal solutions in this regard.

 

Introducing the Vox Populi of the wired world - How ‘Blogs’ are evolving as dynamic web based social networks! by Akhil Prasad and Aditi Agarwalai, Gujarat National Law University, Gandhinagar, India.

 

 

 

 

 

Akhil Prasad is a student pursuing B.Com.L.L.B.(Hons.) course from Gujarat National Law University, Gandhinagar, India. His areas of interest are IT Law, Intellectual Property Law, Constitutional, Corporate and Commercials laws. He has gained work experience under reputed Law Firms and Organizations specializing in Intellectual Property Rights and Corporate laws such as Fox Mandal Little (currently India’s largest Law Firm), S. Majumdar & Co., IndoJuris Law Offices, etc. & legal luminaries including Dr. [Prof.] Prabuddha Ganguli (CEO, Vision IPR and Consultant to WIPO). He has also carried on various research projects, one of the recent ones being for the Central Govt. of India focusing on ‘Global Trends of Death Penalty’. His research paper was selected for presentation at the prestigious National Workshop on Intellectual Property Rights organized by Indian Institute of Technology (IIT), Kanpur where he was awarded the Best Presentation Award. He has represented the University and won prizes in various legal and academic events such as Client Counseling, Mock Parliament, Lexpired Conversation, Moot Court, Debates and Essay writing competitions. Currently, he is undergoing various courses on IP, E-Commerce & Medical laws from renowned institutes and international organizations.

 

 

 

 

 

 

Aditi Agarwala is a student pursuing B.Com. L.L.B.(Hons.) course from Gujarat National Law University, Gandhinagar, India. Her areas of interest include Business Law, Intellectual Property Law and Criminal Law. She has gained work experience under various  leading Law Firms such as Khaitan & Co., S. Majumdar & Co., Nanavati & Nanavati Advocates and had a rare opportunity to carry out a research project for Dr. [Prof.] Prabuddha Ganguli [Advisor of VISION-IPR & Consultant to WIPO] and the Union Govt. of India. She has attended a number of Conferences and has a number of publications to her credit. She has various achievements in public speaking, dramatics and art. She was awarded the Best Speaker in the Mock Parliament organized by Govt. of Gujarat and has bagged awards in debate, extempore speaking, etc. She has also directed two documentaries on socially sensitive issues, one on ‘Drugs Awareness’ and the other on ‘Terrorism’. She was elected as an Official, heading “Literary and Debating Committee” 05’, 06’ for the University and held the position of Vice- Secretary for SPIC-MACAY 03’ (Society for Promotion of Indian Classical Music and Art amongst Youth). She was the team Captain of “Kaleidoscope” – Charitable Program for the rehabilitation of Gujarat Earthquake victims and worked as a Social Worker at Prem Dham (Old Age Home) and CHESHIRE Home. She has a number of achievements in the area of Sports, Mass Communication, Designing and Cartooning.

Abstract
With the advent of blogs, virtual communities are witnessing new horizons in social networking and democratic participation. This form of social media is attracting netizens from all quarters of the dot com stratosphere. For personal or professional purposes, an increasing number of people are subscribing to this social technology. This paper examines the cultural landscape of blogs and discusses the motives and the motivation behind the varying blog user behavior. It further evaluates the growing influence of blogs and how corporates and politicians are utilizing the media to advance their interests. Legal issues involved in blogging such as online libel, defamation, employment termination (doocing) are dealt with reference to case laws and reported events. It further throws light on what makes a blog successful in the marketplace of blogs - the blogosphere. In a nutshell, the paper evaluates the overall potential of blogs to evolve as highly dynamic web based networks.

 

Revisiting the Historical ‘Copy-wrongs’ of ‘Copy-rights’! Are we resurrecting the Licensing era? by Akhil Prasad and Aditi Agarwala, Gujarat National Law University, Gandhinagar, India.

 

 

 

 

 

Akhil Prasad is a student pursuing B.Com.L.L.B.(Hons.) course from Gujarat National Law University, Gandhinagar, India. His areas of interest are IT Law, Intellectual Property Law, Constitutional, Corporate and Commercials laws. He has gained work experience under reputed Law Firms and Organizations specializing in Intellectual Property Rights and Corporate laws such as Fox Mandal Little (currently India’s largest Law Firm), S. Majumdar & Co., IndoJuris Law Offices, etc. & legal luminaries including Dr. [Prof.] Prabuddha Ganguli (CEO, Vision IPR and Consultant to WIPO). He has also carried on various research projects, one of the recent ones being for the Central Govt. of India focusing on ‘Global Trends of Death Penalty’. His research paper was selected for presentation at the prestigious National Workshop on Intellectual Property Rights organized by Indian Institute of Technology (IIT), Kanpur where he was awarded the Best Presentation Award. He has represented the University and won prizes in various legal and academic events such as Client Counseling, Mock Parliament, Lexpired Conversation, Moot Court, Debates and Essay writing competitions. Currently, he is undergoing various courses on IP, E-Commerce & Medical laws from renowned institutes and international organizations.

 

 

 

 

 

 

Aditi Agarwala is a student pursuing B.Com. L.L.B.(Hons.) course from Gujarat National Law University, Gandhinagar, India. Her areas of interest include Business Law, Intellectual Property Law and Criminal Law. She has gained work experience under various  leading Law Firms such as Khaitan & Co., S. Majumdar & Co., Nanavati & Nanavati Advocates and had a rare opportunity to carry out a research project for Dr. [Prof.] Prabuddha Ganguli [Advisor of VISION-IPR & Consultant to WIPO] and the Union Govt. of India. She has attended a number of Conferences and has a number of publications to her credit. She has various achievements in public speaking, dramatics and art. She was awarded the Best Speaker in the Mock Parliament organized by Govt. of Gujarat and has bagged awards in debate, extempore speaking, etc. She has also directed two documentaries on socially sensitive issues, one on ‘Drugs Awareness’ and the other on ‘Terrorism’. She was elected as an Official, heading “Literary and Debating Committee” 05’, 06’ for the University and held the position of Vice- Secretary for SPIC-MACAY 03’ (Society for Promotion of Indian Classical Music and Art amongst Youth). She was the team Captain of “Kaleidoscope” – Charitable Program for the rehabilitation of Gujarat Earthquake victims and worked as a Social Worker at Prem Dham (Old Age Home) and CHESHIRE Home. She has a number of achievements in the area of Sports, Mass Communication, Designing and Cartooning.

Abstract
This article examines the historical underpinnings of copyright from the centuries old Pre Gutenberg times when print did not exist and traces a timeline as to how the bricks of the first copyright legislation in the world - The Statute of Anne, 1710 was legislated into existence. One would discover that the very origin of copyright law at the time when it was not codified was diametrically contrary to the present understanding of the codified copyright law, which originally protected the publisher as against the author. Copyright law was a tool for the State to exercise censorship over writings hostile to the Church or Government. The protection of intellectual works was influenced by the economics of publication rather than economics of authorship. This form of an intellectual property right has its historical foundations tainted with all such objectives which would humor today’s intellectual creator.